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Is this legal?? What can I do?

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Mellyman

Member
What is the name of your state? California

I moved out on 1/7, we did not recieve our security deposit within 21 days, it arrived on January 1st. The letter is dated January 9th and the actual letter is dated the 25th. There were no invoices included. 2 days later we got an account sheet that says 700 was for “paint touch up (wear and tear).” I’ve read that they cannot charge for normal wear and tear is that true? Also for carpet replacement but there was nothing wrong with the carpets so I’m very confused. Also we paid a cat pet deposit which is listed no where on this account sheet, is that normal? What are my rights?? What do I do from here?
 


reenzz

Member
The landlord is required to mail the letter within 21 days. What date was the letter postmarked?

Were the walls damaged?

Did you pay a pet deposit or a non refundable pet fee?
 

Mellyman

Member
Their were only a few small tac marks but nothing more, it was a pet deposit. And the letter was stamped by the postage on January 30th
 

Mellyman

Member
Were you sent a refund for any portion of your deposit?
Yes our deposit was 2650 +a 200 pet deposit, which is no where listed on the account sheet. We only got back 1302 for “wear and tear painting touch up” and -500 carpet replacement
 

Mellyman

Member
The landlord is required to mail the letter within 21 days. What date was the letter postmarked?

Were the walls damaged?

Did you pay a pet deposit or a non refundable pet fee?
eir were only a few small tac marks but nothing more, it was a pet deposit. And the letter was stamped by the postage on January 30th
 

Ohiogal

Queen Bee
eir were only a few small tac marks but nothing more, it was a pet deposit. And the letter was stamped by the postage on January 30th
Could they match the paint? And the pet deposit may have been non refundable. Also when did your lease end? January 7 or February 1?
 

Mellyman

Member
Could they match the paint? And the pet deposit may have been non refundable. Also when did your lease end? January 7 or February 1?
It ended on the 7th, I think it’s illegal in ca to have a non refundable pet deposit? I’m not sure abou the paint, they don’t answer our emails asking questions, and when we go there in person they tell us they need written proof so it’s just never ending.
 

quincy

Senior Member
It ended on the 7th, I think it’s illegal in ca to have a non refundable pet deposit? I’m not sure abou the paint, they don’t answer our emails asking questions, and when we go there in person they tell us they need written proof so it’s just never ending.
You need to send a formal letter to your landlord disputing the amount withheld.


As a note: cat urine and cat scratches can often cause damage to a unit that goes beyond normal wear and tear. Carpet replacement is often necessary.
 

Zigner

Senior Member, Non-Attorney
And the pet deposit may have been non refundable.
Not in California. There is no such thing as a "non-refundable deposit" in California. Additionally, even if they called it a "pet deposit", it is actually an additional security deposit. In fact, if that $200 caused the total of all deposits to exceed the threshhold (equal to 2 months rent for an unfurnished unit, or 3 months for a furnished unit [ignoring any additional allowance for a water bed]), then it was an illegal amount.
 

Ohiogal

Queen Bee
Not in California. There is no such thing as a "non-refundable deposit" in California. Additionally, even if they called it a "pet deposit", it is actually an additional security deposit. In fact, if that $200 caused the total of all deposits to exceed the threshhold (equal to 2 months rent for an unfurnished unit, or 3 months for a furnished unit [ignoring any additional allowance for a water bed]), then it was an illegal amount.
I can admit when I am wrong. I also missed the California. Did I mention I have been sick for the last few days?
 

not2cleverRed

Obvious Observer
Could they match the paint? And the pet deposit may have been non refundable. Also when did your lease end? January 7 or February 1?
Before asking about matching the paint, how long did OP live there/when was the last time the unit was painted?
 

Gail in Georgia

Senior Member
If you disagree with what was kept from a security deposit you typically write what is known as a "demand" letter, demanding what you believe you are fairly owed and giving the landlord/management a certain amount of time (say, two weeks after their receive this information) to provide you these funds.

If no satisfaction your next step is to consider filing a lawsuit for these funds. Such lawsuits are typically handled through Small Claims court or your states equivalent.

Gail
 

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